[Federal Register Volume 59, Number 81 (Thursday, April 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10166]


[Federal Register: April 28, 1994]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Proposed Import Prohibitions on Wildlife Specimens and Products 
of Taiwan Pursuant to the Pelly Amendment; Request for Public Comment

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of Presidential determination to prohibit the 
importation of wildlife specimens and products of Taiwan pursuant to 
section 8 of the Fisherman's Protective Act of 1967 (22 U.S.C. 1978) 
(the ``Pelly Amendment''); request for public comment.

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SUMMARY: The President has determined to apply import prohibitions 
against Taiwan pursuant to section 8 of the Fishermen's Protective Act 
of 1967 (22 U.S.C. 1978)(the ``Pelly Amendment'') in response to 
Taiwan's failure to undertake sufficient actions to stop illegal trade 
in internationally recognized endangered species. The President has 
proposed to apply the import prohibitions against wildlife specimens 
and products of Taiwan. The Trade Policy Staff Committee (TPSC) seeks 
public comment concerning the proposed action, in particular the 
specific product coverage of the import prohibitions.

DATES: Written comments from interested persons are requested by May 
31, 1994.

ADDRESSES: Office of the U.S. Trade Representative, 600 17th Street 
NW., Washington, DC 20506.

FOR FURTHER INFORMATION CONTACT: For general information, Diane 
Wildman, Director for Press Relations (202) 395-3350, or Jane Earley, 
Director for Natural Resources (202) 395-7320. For technical 
information concerning product coverage, and wildlife enforcement and 
import clearance procedures, contact Jerome Smith or Frank Shoemaker, 
Division of Law Enforcement, United States Fish and Wildlife Service, 
at (703) 358-1949. For information on the reasons for the Pelly 
Amendment certification of Taiwan contact Mr. Marshall Jones, or Dr. 
Susan Lieberman, Office of Management Authority, United States Fish and 
Wildlife Service, at (703) 358-2093.

SUPPLEMENTARY INFORMATION: On November 8, 1993, the President reported 
to the Congress pursuant to section 8(b) of the Fishermen's Protective 
Act of 1967 (22 U.S.C. 1978)b)) (the ``Pelly Amendment'') on the issue 
of trade by the People's Republic of China (PRC) and Taiwan in 
rhinoceros and tiger parts and products. The report followed the 
certification by the Secretary of the Interior that this trade was 
diminishing the effectiveness of the Convention on International Trade 
in Endangered Species of Wild Fauna and Flora (CITES). Five rhinoceros 
species and the tiger are listed in Appendix I of CITES, which means 
that the species are threatened with extinction and no trade for 
primarily commercial purposes is allowed.
    The President reported that although ``recent actions by the PRC 
and Taiwan show that some progress has been made in addressing their 
rhinoceros and tiger trade, the record demonstrates that they still 
fall far short of the international conservation standards of CITES.'' 
The President suggested actions that the PRC and Taiwan could take that 
would demonstrate their commitment to the elimination of the trade and 
stated that the United States is prepared, through close dialogue and 
technical aid, to assist them in their efforts. However, the report 
concluded that, if measurable, verifiable and substantial progress were 
not made by March 1994, import prohibitions will be necessary, as 
recommended by the CIGES Standing Committee at its September 1993 
meeting.
    The suggested actions in the November 8 report, based on criteria 
established by CITES for adequate legislative measures and enforcement 
that effectively eliminates the trade, were further amplified in 
letters dated December 21, 1993, to the Chairman of the Council of 
Agriculture and the Minister of Economic Affairs in Taipei from the 
Secretary of the Interior, and by CITES and U.S. delegation visits to 
the PRC and Taiwan in January, February and March 1994. However, at its 
March 1994 meeting, the CITES Standing Committee noted the progress 
made by the PRC while pointing out that further actions are still 
needed. With respect to Taiwan, CITES expressed ``concern that the 
actions agreed by the authorities in Taiwan, * * * towards meeting the 
minimum requirements have not yet been implemented.''
    Although Taiwan has made efforts to address the problem, as a 
result of the lack of sufficient progress in the key areas identified 
in the November 8 report, the President decided to direct the Secretary 
of the Treasury, working with the Secretary of the Interior, to 
prohibit the bringing or the importation into the United States of 
wildlife specimens and products of Taiwan, and that the precise 
products subject to the import prohibition will be determined after 
viewing public comments received.
    While the Pelly Amendment provides the authority to impose a 
greater level of import prohibitions, this level was deemed appropriate 
at this time. The situation in Taiwan will continue to be reviewed and 
U.S. authorities will continue to try to assist Taiwan in effecting 
meaningful results in the effort to eliminate the illegal trade. The 
import prohibitions, once imposed, will remain in effect until the 
President determines that sufficient progress has been made by Taiwan 
in securing significant reductions in the illegal commerce in the 
species, taking into account relevant findings of the CITES Standing 
Committee.
    The products eligible for the import prohibitions were chosen based 
on the CITES Standing Committee recommendation, and cover wildlife 
specimens, parts and products thereof, that are products of Taiwan and 
are defined below. All imports from Taiwan which are eligible products 
will be prohibited unless otherwise indicated upon completion of the 
review of public comments. In making the determination of final product 
coverage, public comments submitted in accordance with the requirements 
set forth below will be considered.
    It is expected that a final notice of the wildlife and wildlife 
products subject to the import prohibitions will be published in the 
Federal Register within approximately two weeks of the close of the 
public comment period, and that the import prohibitions will apply to 
wildlife and their parts and products exported from Taiwan beginning 
ten days after the date of publication of the final notice.

Public Comment Requirements for Submission

    The TPSC invites all interested persons to provide written comments 
concerning the proposed action, specifically regarding economic and 
environmental effects of the proposed import prohibitions, including:
    (1) The appropriateness of prohibiting the importation of any 
particular product;
    (2) The degree to which prohibiting the importation of any 
particular product might have an adverse effect upon U.S. consumers of 
the product; and
    (3) Additional actions, not limited to trade restrictions, that 
would help bring about an end to illegal trade in these endangered 
species.
    Comments must be filed in English and provided in ten copies to: 
Carolyn Frank, Secretary, Trade Policy Staff committee, Office of the 
United States Trade Representative, 600 17th Street, NW., room 414, 
Washington, DC 20506.
    Submissions will be available for public inspection by appointment 
with the staff of the USTR Public Reading Room, except for confidential 
business information exempt from public inspection in accordance with 
15 CFR 2003.6. Confidential business information must be clearly marked 
``Business Confidential'' at the top of the cover letter or page and 
each succeeding page in each of the 10 copies, and must be accompanied 
by a nonconfidential summary of the confidential information. The 
nonconfidential summary will be placed in the file that is open to 
public inspection.

Product Coverage

    Import prohibitions will apply to ``wildlife specimens and parts 
and products'' of Taiwan. For purposes of this action, the term 
``wildlife specimens and parts and products'' includes ``fish or 
wildlife'' or products of ``fish or wildlife'' as defined in the 
``Lacey Act'' (16 U.S.C. 3371);

    The term ``fish or wildlife'' means any wild animal, whether 
alive or dead, including without limitation any wild mammal, bird, 
reptile, amphibian, fish, mollusk, crustacean, arthropod, 
coelenterate, or other invertebrate, whether or not bred, hatched, 
or born in captivity, and includes any part, product, egg, or 
offspring thereof.

    The wildlife and wildlife parts and products covered by this 
definition are those whose importation, exportation and transportation 
is governed by regulations administered by the Fish and Wildlife 
Service at 50 CFR part 14. These items are those for which a Fish and 
Wildlife Declaration is required (Form 3-177, ``Declaration for 
Importation or Exportation of Fish or Wildlife'').
    For purposes of this action, ``plants, alive or dead, and their 
products'' will not be covered, nor will ``shellfish and fishery 
products imported for human or animal consumption,'' as they are 
exempted from the wildlife importation and declaration requirements by 
50 CFR 14.21.
    An analysis of wildlife and its parts and products of Taiwan 
falling within the above definition, using import records compiled by 
the U.S. Fish and Wildlife Service from completed Forms 3-177 indicate 
the total declared value of wildlife imports from Taiwan was 
approximately $22 million in 1992, the most recent year for which these 
data are available. The major categories of wildlife and wildlife parts 
and products imported from Taiwan include:

    (1) Reptile leather shoes, handbags, etc.
    (2) Jewelry made from coral, mussel shells and bone:
    (3) Edible frogs' legs;
    (4) Live goldfish and tropical fish for the aquarium trade; and
    (5) Bird feathers, down, and specimens.

    Although an exhaustive listing of the tariff headings of the 
Harmonized Tariff Schedule of the United States (HTS) corresponding to 
the Lacey Act definition is not available, the Department of Interior 
(Fish and Wildlife Service) is able to provide indicative information 
to interested parties. Since the HTS and Lacey Act definitions do not 
correspond, even indicative listings of HTS item numbers must be 
examined carefully in light of the Lacey Act definition to obtain an 
accurate assessment of product coverage.
Frederick L. Montgomery,
Chairman, Trade Policy Staff Committee.
[FR Doc. 94-10166 Filed 4-26-94; 8:45 am]
BILLING CODE 3190-01-M